ORS 809.450
Hearing for rescission of suspension for financial and future responsibility violations; grounds


(1)

If a person whose driving privileges have been suspended for one of the reasons specified in subsection (2) of this section requests that the suspension be rescinded and specifies the reason for the request, the Department of Transportation may provide a hearing to determine the validity of the suspension. The department may rescind a suspension only as provided in subsection (3) of this section.

(2)

This section applies to suspensions under:

(a)

ORS 809.415 (Suspensions for conduct involving judgments, financial responsibility, dishonesty) for failure to make a future responsibility filing;

(b)

ORS 809.415 (Suspensions for conduct involving judgments, financial responsibility, dishonesty) for false certification of financial responsibility requirements; and

(c)

ORS 809.417 (Suspension for conduct regarding accidents) for involvement in a motor vehicle accident when the department has determined that the person has been operating a vehicle in violation of ORS 806.010 (Driving uninsured prohibited).

(3)

The granting of a hearing under this section shall not stay the suspension. However, the department shall rescind the suspension if the department determines:

(a)

That an error was committed by the department;

(b)

That the person in fact was in compliance with financial responsibility requirements on the date specified by the department by rule under ORS 806.150 (Department verification program);

(c)

That an error was committed by an insurance company in notifying the department regarding the correctness of proof of compliance with financial responsibility requirements provided under ORS 806.150 (Department verification program);

(d)

That the person was not in compliance with financial responsibility requirements on the date specified by the department by rule under ORS 806.150 (Department verification program) and the department also determines that the person reasonably and in good faith believed that the person was in compliance with financial responsibility requirements on the date the department sent the notice of verification and that the person currently is in compliance with financial responsibility requirements; or

(e)

That at the time of the accident the person reasonably and in good faith believed that the person was in compliance with financial responsibility requirements and the person is currently in compliance with financial responsibility requirements.

(4)

The hearing shall be held in the manner provided in ORS 809.440 (Hearing and administrative review procedures). [1985 c.714 §11; 1987 c.258 §10; 2003 c.402 §31; 2019 c.312 §12]
Note: The amendments to 809.450 (Hearing for rescission of suspension for financial and future responsibility violations) by section 12, chapter 312, Oregon Laws 2019, become operative July 1, 2020. See section 37, chapter 312, Oregon Laws 2019. The text that is operative until July 1, 2020, is set forth for the user’s convenience.
809.450 (Hearing for rescission of suspension for financial and future responsibility violations). (1) If a person whose driving privileges have been suspended for one of the reasons specified in subsection (2) of this section requests that the suspension be rescinded and specifies the reason for the request, the Department of Transportation may provide a hearing to determine the validity of the suspension. The department may rescind a suspension only as provided in subsection (3) of this section.

(2)

This section applies to suspensions under:

(a)

ORS 809.415 (Suspensions for conduct involving judgments, financial responsibility, dishonesty) for failure to make a future responsibility filing;

(b)

ORS 809.415 (Suspensions for conduct involving judgments, financial responsibility, dishonesty) for false certification of financial responsibility requirements; and

(c)

ORS 809.417 (Suspension for conduct regarding accidents) for involvement in a motor vehicle accident when the department has determined that the person has been operating a vehicle in violation of ORS 806.010 (Driving uninsured prohibited).

(3)

The granting of a hearing under this section shall not stay the suspension. However, the department shall rescind the suspension if the department determines:

(a)

That an error was committed by the department;

(b)

That the person in fact was in compliance with financial responsibility requirements as of the date of the department’s letter of verification under ORS 806.150 (Department verification program);

(c)

That an error was committed by an insurance company in notifying the department regarding the correctness of a certification under ORS 806.150 (Department verification program);

(d)

That the person was not in compliance with financial responsibility requirements as of the date of the department’s letter of verification under ORS 806.150 (Department verification program) and the department also determines that the person reasonably and in good faith believed that the person was in compliance with financial responsibility requirements on the date of the department’s letter of verification and that the person currently is in compliance with financial responsibility requirements; or

(e)

That at the time of the accident the person reasonably and in good faith believed that the person was in compliance with financial responsibility requirements and the person is currently in compliance with financial responsibility requirements.

(4)

The hearing shall be held in the manner provided in ORS 809.440 (Hearing and administrative review procedures).

Source
Last accessed
May. 15, 2020